Senate To Kids: We’ll Listen To You When You Agree With Us On KOSA

Apparently, Congress only “listens to the children” when they agree with what the kids are saying. As soon as some kids oppose something like KOSA, their views no longer count.

It’s no surprise given the way things were going, but the Senate today overwhelmingly passed KOSA by a 91 to 3 vote. The three no votes were from Senators Ron Wyden, Rand Paul, and Mike Lee.

There are still big questions about whether the House will follow suit, and, if so, how different their bill would be, and how the bills from the two chambers would be reconciled, but this is a step closer to KOSA becoming law, and creating all of the many problems people have been highlighting about it for years.

One thing I wanted to note, though, is how cynical the politicians supporting this have been. It’s become pretty typical for senators to roll out “example kids” as a kind of prop as for why they have to pass these bills. They will have stories about horrible things that happened, but with no clear explanation for how this bill would actually prevent that bad thing, and while totally ignoring the many other bad things the bill would cause.

In the case of KOSA, we’ve already highlighted how it would do harm to all sorts of information and tools that are used to help and protect kids. The most obvious example is LGBTQ+ kids, who often use the internet to help find their identity or to communicate with others who might feel isolated in their physical communities. Indeed, GOP support for KOSA was conditioned on the idea that the law would be used to suppress LGBTQ+ related content.

But, I did find it notable that, after all of the pro-KOSA team using kids as props to vote for the bill, how little attention was given last week to the ACLU sending hundreds of students to Congress to tell them how much KOSA would harm them.

Last week, the American Civil Liberties Union sent 300 high school students to Capitol Hill to lobby against the Kids Online Safety Act, a bill meant to protect children online.

The teenagers told the staffs of 85 lawmakers that the legislation could censor important conversations, particularly among marginalized groups like L.G.B.T.Q. communities.

“We live on the internet, and we are afraid that important information we’ve accessed all our lives will no longer be available,” said Anjali Verma, a 17-year-old rising high school senior from Bucks County, Pa., who was part of the student lobbying campaign. “Regardless of your political perspective, this looks like a censorship bill.”

But somehow, that perspective gets mostly ignored in all of this.

It would have been nice to have had an actual discussion on the policy challenges here, but from the beginning, KOSA co-sponsors Richard Blumenthal and Marsha Blackburn refused to take any of the concerns about the bill seriously. They frequently insisted that any criticism of the bill was just “big tech” talking points.

And, while they made cosmetic changes to try to appease some, the bill does not (and cannot) fix its fundamental problems. The bill is, fundamentally at its heart, a bill that is about censorship. And, while it does not directly demand censorship, the easiest and safest way to comply with the law will be to takedown whatever culture war hot topic politicians don’t like.

It’s kind of incredible that many of those who voted for the bill today were big supporters of the Missouri case against the administration (including Missouri’s Attorney General who brought that suit, Eric Schmitt, who voted in favor of KOSA today). So, apparently, according to Schmitt, governments should never try to influence how social media companies decide to take down content, but also government should have the power to take enforcement action against companies that don’t take down content the FTC decides is harmful.

There is a tremendous amount of hypocrisy here. And it would be nice if someone asked the senators voting in favor of this law why they were going against the wishes of all the kids who visited the Hill last week. After all, that’s what the senators who trotted out kids on the other side tried to do to those few senators who pointed out the flaws in this terrible law.